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Bird asked Mr. Scott.
Mr. Scott said he didn’t know the answer but it had cost him $900 to put the pond in. He had rented four different machines to do the work and his friends had supplied the labor.
"If you did regrade it, could it be done to avoid the swampiness?" Mr. Bird asked Mr. Scott.
Mr. Scott didn’t think he could avoid the swampiness. “The water going into the pond is from a spring there,” he said.
Mr. Bird asked the Rutherfords if they would still object if the pond had a larger drainpipe and was fenced.
"It certainly won’t make it any farther from my house, and he didn’t ask anybody," Mrs. Rutherford answered-.
Mr. Zindel made the motion to dpny the variance.
The motion passed, and Mr. McCarthy told-the Scotts they would have 60 days to remove the pond. Mr. Bird expressed the hope that the Scotts would put in some kind of drain to prevent the swampiness.
“There is no way I can do it,” Mr. Scott said.
“Then it will be no worse than it was before,” Mr. Bird said.
“This was the toughest case we’ve had,” Mr. Zindel said. “It was not an eyesore. I think it improves the area there. If it was not in accordance writh what it needs to be, it could be corrected so it is not a hazard.”
“It will be a bigger mess than what it is now,” Mr. Scott said.
The Rutherfords left the courtroom first. Later the Scotts followed. Outside the courthouse Mr. Scott “cussed out the Rutherfords” in the presence of Sheriffs Department Capt. Ed Streapy, according to Magistrate Dieter Knuepfer. Mrs. Rutherford signed a complaint charging Mr. Scott with verbal assault. The case is scheduled for hearing in General District Court on Tuesday, Dec. 5.
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